Government refuses to say whether Boris Johnson apologised to Queen in phone call after Supreme Court ruling

Boris Johnson and the Queen have discussed the momentous Supreme Court ruling that his shut down of parliament was unlawful, but an official declined to say if he apologised.

The prime minister spoke with her by telephone before his dash back from New York to – it is expected – make an emergency statement to the House of Commons on Wednesday.

A government official would not set out what was discussed, saying: “We never, in any circumstances, discuss the content of conversations between the prime minister and Her Majesty.”

It also emerged that Mr Johnson will not arrive back in the UK in time for the reopening of parliament, at 11.30am, which could anger some MPs who have demanded his presence.

His flight is not expected to land back in the UK until around lunchtime at the earliest – after his speech to the United Nations was put back until later on Tuesday evening in New York.

The official would not say whether the prime minister considered cancelling his speech, in order to be at Westminster for a statement as parliament opens, or whether John Bercow had been informed.

“It would be totally unfair to say we are not trying to get back as soon as possible,” the official said.

“It is important, as prime minister of the United Kingdom, that he delivers this speech, the United Nations general assembly is an important event.”

The conversation with the Queen is likely to have been an uncomfortable one for the prime minister, after the Supreme Court found that he advised her to act unlawfully, to “change the fundamentals of our democracy”.

He stands accused of dragging the monarch into the heat of the political battle, the criticism levelled at David Cameron over Scottish independence, to Buckingham Palace’s obvious anger.

Mr Johnson is not expected to have an audience with the Queen when he returns, because she is still on her lengthy annual break at Balmoral.

Before his departure, the government’s plan to extricate itself from the crisis remained mired in confusion – although next week’s Conservative conference will go ahead.

It must decide whether to seek a short recess for that conference, or a second prorogation in order to hold a Queen’s Speech and unveil a new legislative programme.

Mr Johnson held a 30-minute telephone call with cabinet colleagues, but a clear way forward has yet to emerge.

In New York, the official also sought to distance Downing Street from an attack by a No 10 source, in London, that the Supreme Court had made “a serious mistake” in making its ruling.

The prime minister had “said, very clearly, that he fully respects the independence of the judiciary. I think you have to take him on his word”, the official said.